DATE ISSUED: 5/13/ of 9 LDU DEC(LOCAL)-X

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1 DEFINITIONS FAMILY FAMILY EMERGENCY DAY CATASTROPHIC ILLNESS OR INJURY AVAILABILITY EARNING LOCAL DEDUCTIONS WITHOUT PAY The term immediate family is defined as: 1. Spouse. 2. Son or daughter, including a biological, adopted, or foster child, a son- or daughter-in-law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis. 3. Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee. 4. Sibling, stepsibling, and sibling-in-law. 5. Grandparent and grandchild. 6. Any person residing in the employee s household at the time of illness or death. For purposes of the Family and Medical Leave Act (FMLA), the definitions of spouse, parent, son or daughter, and next of kin are found in A(LEGAL). The term family emergency shall be limited to disasters and lifethreatening situations involving the employee or a member of the employee s immediate family. A leave day for purposes of earning, use, or recording of leave shall mean the number of hours per day equivalent to the employee s usual assignment, whether full-time or part-time. A catastrophic illness or injury is a severe condition or combination of conditions affecting the mental or physical health of the employee or a member of the employee s immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the District. Such conditions typically require prolonged hospitalization or recovery or are expected to result in disability or death. Conditions relating to pregnancy or childbirth shall be considered catastrophic if they meet the requirements of this paragraph. The District shall make state personal leave and local leave for the current year available for use at the beginning of the school year. An employee shall not earn any local leave when he or she is in unpaid status. An employee using full or proportionate paid leave shall be considered to be in paid status. The District shall not approve paid leave for more leave days than have been accumulated in prior years plus leave currently available. Any unapproved absences or absences beyond accumulated DATE ISSUED: 5/13/ of 9 -X

2 and available paid leave shall result in deductions from the employee s pay. PRORATION EMPLOYED FOR LESS THAN FULL YEAR EMPLOYED FOR FULL YEAR RECORDING ORDER OF USE If an employee separates from employment with the District before his or her last duty day of the year, or begins employment after the first duty day, state personal leave and local leave shall be prorated based on the actual time employed. If an employee separates from employment before the last duty day of the school year, the employee s final paycheck shall be reduced for: 1. State personal leave the employee used beyond his or her pro rata entitlement for the school year; and 2. Local leave the employee used but had not earned as of the date of separation. If an employee uses more local leave than he or she earned and remains employed with the District through his or her last duty day, the District shall deduct the cost of the excess leave days from the employee s pay in accordance with administrative regulations. Leave shall be recorded as follows: 1. Leave shall be recorded in half-day increments for all employees, with the exception of hourly auxiliary employees, including food service, transportation, and maintenance and operation employees. An auxiliary employee shall have leave recorded by the hour when using sick leave or personal leave and in half-day increments when using vacation days. 2. If the employee is taking intermittent FMLA leave, leave shall be recorded in one-hour increments. 3. If the employee chooses to offset leave against workers compensation benefits, leave shall be recorded in the amount used. Use of compensatory time shall be in accordance with policy DEA so long as such use does not unduly disrupt the operations of the District. The District may require an employee to use compensatory time when in the best interest of the District. Unless an employee requests a different order, available paid state and local leave shall be used in the following order, as applicable: 1. Local leave. 2. State sick leave accumulated before the school year. 3. State personal leave earned in the District carried forward. DATE ISSUED: 5/13/ of 9 -X

3 4. State personal leave from the current year. 5. State sick leave carried forward from the previous district earned before the school year. 6. State personal leave carried forward from the previous district. GUIDELINES REGARDING ORDER OF USE CONCURRENT USE OF Personal leave shall be used primarily for personal business but may also be used for illness of the employee or a member of the employee s immediate family. Local leave shall be used for illness of the employee, for members of the employee s immediate family, or for the death of a member of the employee s immediate family. State sick leave (other than personal leave) balances shall also be available on the same basis as local sick leave. Local and state sick leave shall not be used for personal business. The order of the utilization of leave days shall be as follows: 1. Leave earned in the District shall be used first in the manner provided in the paragraph above, with leave earned in the District in prior years used before leave earned in the current school year. 2. If employment begins after the first duty day, leave earned in the current school year shall be prorated for employees placed on a leave of absence according to state and local rules stated for the rate of accrual of leave. 3. Leave transferred into the District from another district shall be used after all of the appropriate balances of leave earned in the District have been exhausted, including prorated balances for leave earned in the current school year. Leave transferred into the District shall be subject to the rules for use stated earlier in this section. Employees shall be charged an absence even if a substitute is not employed. When an absent employee is eligible for FMLA leave, the District shall designate the absence as FMLA leave. The District shall require the employee to use temporary disability leave and paid leave, including compensatory time, concurrently with FMLA leave. An employee receiving workers compensation income benefits may be eligible for paid or unpaid leave. An absence due to a work-related injury or illness shall be designated as FMLA leave, temporary disability leave, and/or assault leave, as applicable. DATE ISSUED: 5/13/ of 9 -X

4 MEDICAL CERTIFICATION An employee shall submit medical certification of the need for leave if: 1. The employee is absent more than five consecutive workdays because of personal illness or illness in the immediate family; 2. The District requires medical certification due to a questionable pattern of absences or when deemed necessary by the supervisor or Superintendent; 3. The employee requests FMLA leave for the employee s serious health condition or that of a spouse, parent, or child; or 4. The employee requests FMLA leave for military caregiver purposes. In each case, medical certification shall be made by a health-care provider as defined by the FMLA. [See A(LEGAL)] Note: For District contribution to employee insurance during leave, see CRD. STATE PERSONAL TYPES OF STATE PERSONAL The employee shall submit a written request for discretionary use of state personal leave to the immediate supervisor or designee in advance in accordance with administrative regulations. In deciding whether to approve or deny state person- NON- DISCRETIONARY USE DISCRETIONARY USE LIMITATIONS REQUEST FOR For full-time employees, each employee shall receive the statutory maximum of five leave days annually. Personal leave may accumulate without limit and shall be transferable from district to district. A full-time professional, paraprofessional, or technical employee shall be an individual assigned on a cumulative 100 percent basis to one or more authorized positions. A full-time auxiliary employee shall be an individual assigned to work at least 30 hours per week in one or more authorized positions. For employees working less than full-time, but on a basis of at least half of a full-time duty schedule, personal leave shall be earned at the rate of one-half leave day for each 36 workdays of employment. The Board requires employees to differentiate the manner in which state personal leave is used: 1. Non-discretionary use of leave shall be for the same reasons and in the same manner as state sick leave accumulated before May 30, [See (LEGAL)] 2. Discretionary use of leave is at the individual employee s discretion, subject to limitations set out below. DATE ISSUED: 5/13/ of 9 -X

5 al leave, the supervisor or designee shall not seek or consider the reasons for which an employee requests to use leave. The supervisor or designee shall, however, consider the effect of the employee s absence on the educational program or District operations, as well as the availability of substitutes. Discretionary use of state personal leave shall be granted on a first-come, first-served basis on each campus or within each department. LOCAL DURATION OF SICK BANK PURPOSE MEMBER OF THE SICK BANK Discretionary use of state personal leave shall not exceed five consecutive workdays. Day six shall be a mandatory dock day; however, exemptions shall be at the discretion of the Superintendent or designee. All employees shall earn paid local leave days per school year in accordance with the information below: 1. Positions requiring 202 or fewer days of service five leave days. 2. Positions requiring days of service six leave days. 3. Positions requiring 226 or more days of service seven leave days. Local sick leave shall accumulate with no maximum and shall be taken with no loss of pay. Local sick leave may be used only for illness or serious health condition of the employee, illness or serious health condition in the immediate family, death in the immediate family, or a family emergency. Effective beginning in the school year, the District shall administer in accordance with administrative procedures a voluntary sick leave benefit bank for all eligible employees who wish to participate. The purpose of the sick leave bank shall be to provide additional sick leave days to members of the sick leave bank in the event of the extended absence for major physical disabilities due to unexpected catastrophic illness or injury. Sick leave bank days are also available to an employee if such conditions are experienced by his or her immediate family members. A member of the sick leave bank shall be any benefit-eligible employee who agrees, in writing, to contribute one earned local leave day per year. DATE ISSUED: 5/13/ of 9 -X

6 ELIGIBILITY FOR JOINING REQUESTING SICK BANK DAYS FAMILY AND MEDICAL TWELVE-MONTH PERIOD COMBINED FOR SPOUSES INTERMITTENT OR REDUCED SCHEDULE CERTIFICATION OF FITNESS-FOR-DUTY CERTIFICATION END OF SEMESTER All employees shall be eligible for membership if: 1. The employee is eligible for District health-care benefits. 2. The employee has earned and accrued one local leave day. 3. The employee has contributed one local leave day. 4. The employee has submitted registration during the open enrollment period. Sick leave bank days may be requested only by an employee belonging to the sick leave bank after the employee has exhausted all personal leave, state and local sick leave, compensatory leave, and accrued vacation days. Each individual event shall stand alone; therefore, even after meeting the initial criteria, a new petition for days is required. For purposes of an employee s entitlement to FMLA leave, the 12- month period shall be measured forward from the date an individual employee s first FMLA leave begins. If both spouses are employed by the District, the District shall limit FMLA leave for the birth, adoption, or placement of a child, or to care for a parent with a serious health condition, to a combined total of 12 weeks. The District shall limit military caregiver leave to a combined total of 26 weeks. [See A(LEGAL)] The District shall permit use of intermittent or reduced schedule FMLA leave for the care of a newborn child or for the adoption or placement of a child with the employee. [See A(LEGAL) for use of intermittent or reduced schedule leave due to a medical necessity.] If an employee requests leave, the employee shall provide certification, as required by FMLA regulations, of the need for leave. [See A(LEGAL)] If an employee takes FMLA leave due to the employee s own serious health condition, the employee shall provide, before resuming work, a fitness-for-duty certification. If the District will require certification of the employee s ability to perform essential job functions, the District shall provide a list of essential job functions to the employee with the FMLA designation notice. If an instructional employee takes leave near the end of the semester, the District may require the employee to continue leave until the end of the semester if the instructional employee does not work DATE ISSUED: 5/13/ of 9 -X

7 a minimum of one week prior to the end of the semester. [See A(LEGAL), AT THE END OF A SEMESTER] FAILURE TO RETURN TEMPORARY DISABILITY If, at the expiration of FMLA leave, the employee is able to return to work but chooses not to do so, the District may require reimbursement of premiums paid by the District during the leave. [See DE- CA(LEGAL), RECOVERY OF BENEFIT COST] Any full-time employee whose position requires educator certification by the State Board for Educator Certification or by the District shall be eligible for temporary disability leave. The maximum length of temporary disability leave shall be 180 calendar days. [See DBB for temporary disability leave placement and (LEGAL) for return to active duty.] An employee s notification of need for extended absence due to the employee s own medical condition shall be forwarded to the Superintendent or designee as a request for temporary disability leave. WORKERS COMPENSATION Note: Workers compensation is not a form of leave. The workers compensation law does not require the continuation of the District s contribution to health insurance. [See CRD regarding payment of insurance contribution during employee absences.] An employee receiving workers compensation wage benefits shall be assigned to family and medical leave, if applicable. The employee shall inform the appropriate administrator whether he or she chooses to use available paid leave while receiving workers compensation wage benefits. PAID OFFSET JURY DUTY OTHER COURT APPEARANCES An employee who chooses to use paid leave shall have his or her weekly workers compensation wage benefits supplemented up to the pre-injury regular weekly wage. The District shall charge the employee s accrued leave proportionately until the available leave is exhausted. [See CRE] An employee shall be granted leave with pay and without loss of paid leave for jury duty. The employee shall be required to present documentation of the service and shall be allowed to retain any compensation for the service. An employee shall be granted leave with pay and without loss of paid leave for absences due to compliance with a valid subpoena in the following circumstances: DATE ISSUED: 5/13/ of 9 -X

8 1. The employee, who is not a party to the litigation, is ordered to appear in a legal proceeding pursuant to a lawfully issued subpoena, in accordance with law. [See (LEGAL)] 2. The employee is a defendant in a lawsuit based on actions taken in the course and scope of his or her employment, and the employee is requested by the District s legal counsel to participate in activities and proceedings related to the defense of the lawsuit. 3. The employee is not a party to a lawsuit involving the District but is otherwise requested by the District s legal counsel to provide information, assistance, or testimony in connection with litigation involving the District. An employee who is a party to non-district litigation or legal proceedings and who is absent due to activities and/or proceedings related to the litigation or legal proceedings must use available state personal leave, state sick leave, and/or additional leave provided by the District, such as earned vacation days or earned compensatory time, for the absence. Absences for court appearances related to an employee s personal business shall be deducted from the employee s personal leave or shall be taken by the employee as leave without pay. REIMBURSEMENT FOR UPON RETIREMENT District employees with five or more years of continuous employment with the District, who retire under the Teacher Retirement System (TRS) within 90 days of the termination of their employment with the District, shall be eligible to be paid for not more than 90 of the unused personal, state, and local days combined, which were earned while employed with the District. If, for any reason, an employee has a break in service and is later rehired, the five or more years of continuous employment shall be counted from the rehire date. Payment shall be made at one-half of the employee s daily rate of pay at the time of retirement. An employee who works less than 100 percent shall be paid at his or her adjusted daily rate based on the percentage of employment at the time of his or her retirement. To receive the payment, the employee must, within 90 days after termination of employment, provide documentation that payment of service retirement benefits from TRS has begun. This benefit shall only be available to employees who are eligible for and actually receive a service retirement annuity upon termination of employment. An employee whose employment is terminated as a result of unsatisfactory performance, including but not limited to, termination, nonrenewal, or resignation in lieu of termination/nonrenewal shall not be eligible for this benefit. DATE ISSUED: 5/13/ of 9 -X

9 District employees who claim this benefit and who began employment with the District after October 31, 2001, shall not receive this benefit in cash but must deposit this payment into a federally approved 401(a) plan. Not later than October 31, 2001, District employees who were employed on or before that date must elect whether to receive this benefit in cash or to have it deposited into a federally approved 401(a) plan. Employees who do not make this election by October 31, 2001, shall automatically be included in the plan. Additionally, employees who plan to retire from the District between May 31, 2001, and June 1, 2002, shall be required to make an election to participate or not participate in the plan by the plan start date (May 25, 2001). Employees who determine at a later date to retire before June 1, 2002, and who did not designate their intent to participate by May 25, 2001, must receive a cash benefit even if they chose to participate in the plan by October 31, Employees who cease to be employed by the District without qualifying for the retirement reimbursement shall surrender all the accumulated local sick leave, even if reemployed by the District at a later date. An exception shall be made for employees who leave the District for the purpose of military service and return to the District within the time period stated in Uniformed Services Employment and Reemployment Rights Act (USERRA) regulations. NEUTRAL ABSENCE CONTROL POLICY The District shall provide the employee written notice at the last known home address regarding the expiration of his or her leave. At that time, the employee must provide appropriate medical release that he or she is able to return to duty and to perform the essential functions of the job. The employee s eligibility for reasonable accommodations, as required by the Americans with Disabilities Act [see DAA(LEGAL)], shall be considered if requested and appropriate medical documentation is provided. If an employee fails to provide appropriate medical release and/or documentation within allotted time lines as stated in the notification and, therefore, does not return to work after exhausting all available paid and unpaid leave, the District shall automatically pursue termination, regardless of the reason for the absence. [See DF series] If terminated, the employee may apply for reemployment with the District. DATE ISSUED: 5/13/2016 ADOPTED: 9 of 9 -X

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